Dismissed

Rakesh S/O Ramji Vishwakarma v. the State of Maharashtra, Thr. P.S.O. Ramtek Police Station

Bombay HC26 Mar 2012ABA/90/2012

Case brief

AI extract

What is this about?

High Court at Nagpur rejected an application for anticipatory bail in an assault case involving grievous hurt. The court held that custodial interrogation was necessary as investigation was ongoing, weapons were unrecovered, and other accused remained at large.

What did the court decide?

Application for anticipatory bail rejected; application for adjournment also denied.

Rakesh S/O Ramji Vishwakarma Vs the State of Maharashtra… — Anticipatory Bail | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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Criminal Application (ABA) No. 90 of 2012 Rakesh v. The State of Maharashtra

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-------------------------------------------------------------------------------------Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders.

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Mr A. R. Prasad, Adv h/f Mr Ashwin

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Wasnik, Adv for applicant

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Ms R. Deshpande, APP for State

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Coram: A. P. Bhangale, J

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Dated: 26^th March 2012

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Applicant is seeking anticipatory bail in Crime No. 6/12 registered with Police Station, Ramtek for the offences punishable under Sections 326, 323, 147, 148 and 149 of the Indian Penal Code. 2. Applicant had earlier moved before the District Judge & ASJ, Nagpur vide Misc. Criminal Application No. 154 of 2012 who by order dated 9.2.2012 rejected the application of the applicant for grant of pre-arrest bail. 3. Mr A. R. Prasad, Advocate h/f Mr Ashwin Wasnik, counsel for applicant prayed for adjournment on the ground that Mr Wasnik has gone to Amravati. This cannot be a good excuse. When I asked Mr Prasad to argue the matter, he regretted his

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inability and submitted that he has been instructed to seek adjournment only. Learned APP opposes the request for adjournment. She also opposes application for grant of anticipatory bail.

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I have perused the application. It is urged in the application that the applicant is innocent and has not played any role in the incident of assault. It is the prosecution case that on 14.1.2012 applicant and co-accused made assault on one Vithal Bhimte by means of wooden stick and other weapons, thereby, causing grievous hurt to said Vithal Bhimte.

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It is revealed from the order of learned Additional Sessions Judge that investigation is still in progress and recovery of weapons is yet to be made. Offence under Section 326 IPC is punishable upto life imprisonment. It is further revealed from the order of the Additional Sessions Judge that one of the accused has been arrested while the co-accused including the present applicant are absconding.

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Considering the facts and circumstances of the case and prima facie involvement of the applicant, in my opinion, custodial interrogation of the applicant is very much necessary. Application is accordingly rejected.

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Judge

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joshi

Rakesh S/O Ramji Vishwakarma v. the State of Maharashtra, Thr. P.S.O. Ramtek Police Station

Case brief

What is this about?

What did the court decide?

Rakesh S/O Ramji Vishwakarma v. the State of Maharashtra, Thr. P.S.O. Ramtek Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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